With regard to Raleigh it must be remembered that he was in a very special manner obnoxious to Salisbury, who, however, was at great pains to disguise his hostility. On occasion of Sir Walter's trial, in 1603, he vehemently protested that it was a great grief to him to have to pronounce against one whom he had hitherto loved.[402] But two years earlier, in his secret correspondence with James, he had not only described Raleigh to the future king as one of the diabolical triplicity hatching cockatrice eggs, but had solemnly protested that if he feigned friendship for such a wretch, it was only with the purpose of drawing him on to discover his real nature.[403]
Even more worthy of notice is the shameless manner in which evidence was falsified. That produced in court consisted entirely of the written depositions of the prisoners themselves, and of those who had been similarly examined. It was, however, carefully manipulated before it was read; all that told in favour of those whose conviction was desired being omitted, and only so much retained as would tell against them. On this subject Mr. Jardine well remarks:[404] "This mode of dealing with the admissions of an accused person is pure and unmixed injustice; it is in truth a forgery of evidence; for when a qualified statement is made, the suppression of the qualification is no less a forgery than if the whole statement had been fabricated."
It will be sufficient to cite one notorious and compendious example. In regard of the oath of secrecy taken by the conspirators, Faukes (Nov. 9th, 1605) and Thomas Winter (Jan. 9th, 1605-6) related how they administered it to one another, "in a chamber," to quote Winter, "where no other body was," and afterwards proceeded to another chamber where they heard Mass and received Communion at the hands of Father Gerard.[405] Both witnesses, however, emphatically declared that the Father knew nothing of the oath that had been taken, or of the purpose of the associates.
from faukes' confession of november 9, 1605.
Such testimony in favour of one whom they were anxious above all things to incriminate, the government would not allow to appear. Accordingly, Sir E. Coke, preparing the documents to be used in court as evidence, marked off the exculpatory passages, with directions that they were not to be read.[406] Having thus suppressed the passage which declared that the Jesuit was unaware of the conspirators' purpose, and of their oath, Coke went on to inform the jury, in his speech, "This oath was by Gerard the Jesuit given to Catesby, Percy, Christopher Wright, and Thomas Winter, and by Greenwell [Greenway] the Jesuit to Bates at another time, and so to the rest."[407]
3. Neither must it be forgotten that even apart from these manifest instances of tampering, the confessions themselves, obtained in such circumstances, are open to much suspicion. In an intercepted letter to Father Baldwin, of whom we have heard, Father Schondonck, another Jesuit, then rector of St. Omers, speaks thus:[408] "I much rejoice that, as I hear, there is no confession produced, by which, either in court or at the place of execution, any of our society is accused of so abominable a crime. This I consider a point of prime importance. Of secret confessions, or those extorted by violence or torture, less account must be made; for we have many examples whereby the dishonesty of our enemies in such matters has been fully displayed."
Father John Gerard in his Autobiography[409] relates an experience of his own which illustrates the methods employed to procure evidence such as was required. When, in Queen Elizabeth's time, he had himself been taken and thrown into prison, the notorious Topcliffe, the priest-hunter, endeavoured to force him into an acknowledgment of various matters of a treasonable character. Father Gerard undertook to write what he had to say on the subject, and proceeded to set down an explicit denial of what his questioner suggested. What followed he thus relates.[410]